How does ENE Work?The fair and efficient administration of justice requires that all cases in family court receive timely attention. This requires the judicial system to handle cases expeditiously and with consistency, fairness and sound decisions.

ECM: The court manages the process and disposition of the cases before it. he Early Case Management (ECM) approach uses aggressive case management timing by establishing judicial intervention on cases within three to four weeks of filing.

ICMC: The initial meeting with the judicial officer is called an Initial Case Management Conference (ICMC). The judicial officer's involvement soon after the filing encourages the parties and their attorneys (if represented) to focus on resolving and narrowing the contested issues that are barriers to settlement.

ENE: Early Neutral Evaluation (ENE) is a confidential, voluntary, evaluative process designed to facilitate prompt dispute resolution in custody, parenting time (visitation), and financial matters. The program offers the evaluative impressions of experienced professionals to parties engaged in custody, parenting time, and financial disputes. Feedback is provided to parties and their attorneys based on case presentations and a limited amount of information gathering. The ENE process is typically completed within one month. A party may choose to end the ENE session at any time.

Following are links to Judicial Branch Policies regarding ECM and ENE:

What is an Initial Case Management Conference (ICMC)?

The intervention of the judicial officer early in the process is a key component to engaging the parties in communication that will help them reach a resolution. The purpose of the ICMC is to:

Establish the Court's control of the progress of the case;

Provide early intervention by the Court;

Offer Alternative Dispute Resolution (ADR) processes;

Establish discovery limitations and deadlines;

Discuss settlement progress and opportunities for settlement; and,

Assign a date for the future conferences, if needed.

Within 30 days of initial filing the court schedules the parties for what is called an Initial Case Management Conference (ICMC). Parties will be sent a ICMC Data Sheet. This form needs to be filled out and returned to the court prior to the scheduled date. This hearing is mandatory. If you are represented by an attorney, your attorney needs to be present. At the ICMC, all involved parties will meet with the judicial officer. Here, the judicial officer will talk with you about what the issues and concerns impeding or stopping you from coming to an agreement. The judicial officer will discuss with you your various options which will allow your case to continue through the court process with little or no delay.

What is Early Neutral Evaluation (ENE)?Early Neutral Evaluation (ENE) strives to move families through court efficiently and inexpensively by working with them early on to reach agreements that will foster the best interests of their families. ENE helps parties focus on the critical issues they face in a confidential, non-confrontational, and settlement-oriented alternative dispute resolution program.

In ENE, parties and their attorneys attend an ENE session with experienced evaluator(s). Each side presents its view. The evaluator(s) discuss the case alone and then share their perspective on the merits of each position. Evaluator(s) identify the key issues and predict how the case is most likely to conclude. The parties are always able to confer with their attorneys and discuss settlement. Sometimes additional meetings are scheduled.

Issues related to custody or parenting time take part in Social ENE (SENE). In those cases a two person male/female team of evaluators will work on the case. If the issues relate to financial issues, then a Financial ENE (FENE) with a single evaluator, is used. In either type of ENE, evaluators are highly experienced professionals who have also been formally trained to help resolve cases in the ENE program.

Over half of the cases settle during the first session and over three-fourths reach at least some agreement. Absent full resolution, the team advises the assigned judge about areas of agreement, additional needed services and how to focus future assistance on the most relevant issues.

The parties pay for the costs of ENE according to a financial or social Sliding Fee Schedule. Most who participate in ENE will save a considerable amount of time and money versus contentious litigation in a traditional court setting. ENE is, on average, fully concluded within 90 days. A full determination in a traditional court setting can easily take more than a full year's time.

Are there any reports regarding the use of ENE?

In 2007, the State Justice Institute (SJI) awarded the Minnesota Judicial Branch a State Court grant to help implement the Third/Fifth Judicial Districts' Early Case Management/Early Neutral Evaluation (ECM/ENE) pilot project, and support expansion of ECM/ENE. Click here to view the SJI Final Report. The report appendices are available upon request.

When did use of ECM and ENE commence in Minnesota?An administrative order signed by Chief Justice Kathleen Blatz authorized the establishment of family court early case management pilot projects.

Sliding Fee Scale

Fee Scale if the Party is Represented by an Attorney
The Scott-Carver program will use evaluators selected from a panel of professionals experienced in working with families in financial and parenting matters in family court proceedings. These professionals are all qualified to evaluate financial and/or social issues. The SENE will be conducted by a gender-balanced team of two persons. The FENE will be conducted by a single person.

For SENE, represented parties will pay a rate of $175 per party per hour. The Court may apportion the cost between the parties based on their individual incomes.

For FENE, represented parties will pay a rate of $100 per party per hour. The Court may apportion the cost between the parties based on their individual incomes.

Fee Scale if the Party is not Represented by an Attorney

0-$25,000 annual gross income - $50.00 per hour for SENE, $75.00 per hour for FENE

$25,001-$50,000 annual gross income - $100.00 per hour for SENE, $75.00 per hour for FENE

$50,001 or more gross income - $150.00 per hour for SENE, $75.00 per hour for FENE

Roster

Sliding Fee Scale

Fee Scale if the Party is Represented by an Attorney
If a party is represented by one attorney, the party's hourly rate shall be one-half the hourly rate charged by his/her attorney. This calculation applies if such party is also Informa Pauperis (IFP) status. If party is being evaluated by a "team" of two evaluators, the party's hourly rate shall be the hourly rate charged by his/her attorney.

If a party is represented by more than one attoney, the party's hourly rate shall be one-half the highest hourly rate charged to the party. This calculation applies if such party is also IFP status.

ENE Fee

There is a flat fee of $600 per couple ($300 per person) for ENE services to be paid to the evaluator(s) in advance of the ENE. A request can be made to the judge for a reduced fee. Or contact Lisa or Sandy at Cooperative Solutions at 218-327-4908 or Court Administration at 218-327-2870.

Resources

Listed below are forms that are designed to assist you in becoming more familiar with the Itasca County ENE Program. The Initial Case Management Conference (ICMC) Data Sheet is a form that must be completed and submitted at least five (5) business days before your scheduled ICMC. The other forms contain more detailed information about ENE and its costs.

Listed below are forms that are designed to assist you in becoming more familiar with the Olmsted County Early Case Management Program. The Initial Case Conference Data Sheet is a form that must be completed, filed, and served at least two (2) business days before your scheduled ICMC. The other forms contain more detailed information about the ECM program.

Fee Schedule

Parties represented by counsel:
The SENE as well as FENE fee for a party represented by counsel is the hourly rate charged by that party's counsel. Counsel shall provide Court and the evaluator with his or her hourly rate. In the event that the party is represented by more than one attorney at a firm, the highest hourly rate charged to the party shall be used to determine that party's hourly rate.

Unrepresented parties:
Each party’s fee is determined by their gross annual income

0-$25,000 annual gross income - $25 per hour

$25,001-$50,000 annual gross income - $50 per hour

$50,001-$75,000 annual gross income - $75 per hour

$75,001-$100,000 annual gross income - $100 per hour

$100,001-$125,000 annual gross income - $125 per hour

$125,001-$150,000 annual gross income - $150 per hour

More than $150,001 annual gross income - $175 per hour

For parties with a Current IFP:

The fee for a party who has a current IFP and who is not represented by counsel, or has a pro bono attorney, shall be a one-time flat fee of $50.00.

The fee for a party who has a current IFP and who is represented by counsel, shall be the hourly rate charged by that party’s counsel. Counsel shall provide Court and the evaluator(s) with his or her hourly rate. In the event that more than one attorney at a firm represents the party, the highest hourly rate charged to the party shall be used to determine that party’s hourly rate.

Resources

Listed below are forms that are designed to assist you in becoming more familiar with ECM in Ramsey County. The Initial Case Conference Data Sheet is a form that must be completed, submitted to the court and served at least three (3) business days before your scheduled Initial Case Management Conference. This information is for use at the ICMC only and is not evidence for purposes of a trial. The other forms contain more detailed information about ENE and its' costs.

Attorneys: ICMC data sheets should be submitted to the assigned judicial officer by email to the email address boxes that have been set up for each judicial unit. This is the ONLY exception to the mandate that pleadings be filed electronically. eFiling Business Process

Roster

Sliding Fee Scale

Fee Scale if the Party is Represented by an Attorney
The Scott-Carver program will use evaluators selected from a panel of professionals experienced in working with families in financial and parenting matters in family court proceedings. These professionals are all qualified to evaluate financial and/or social issues. The SENE will be conducted by a gender-balanced team of two persons. The FENE will be conducted by a single person.

For SENE, represented parties will pay a rate of $175 per party per hour. The Court may apportion the cost between the parties based on their individual incomes.

For FENE, represented parties will pay a rate of $100 per party per hour. The Court may apportion the cost between the parties based on their individual incomes.

Fee Scale if the Party is not Represented by an Attorney

0-$25,000 annual gross income - $50.00 per hour for SENE, $75.00 per hour for FENE

$25,001-$50,000 annual gross income - $100.00 per hour for SENE, $75.00 per hour for FENE

$50,001 or more gross income - $150.00 per hour for SENE, $75.00 per hour for FENE

SENE Sliding Fee Scale

If a party is represented by counsel, the hourly rate charged by the evaluator shall be equal to the party’s attorney’s hourly fee. In the event that a party is represented by more than one attorney at a firm, the Court shall use the highest hourly rate charged to the client. If a party is unrepresented, the hourly rate for that party shall be determined as follows:

IFP if granted by Court prior to the ENE session - $50.00 flat fee

0-$25,000 annual gross income - $50.00 per hour

$25,001-$50,000 annual gross income - $100.00 per hour

$50,001-100,000 annual gross income - $150.00 per hour

$100,001 or more gross income - $300.00 per hour

FENE Sliding Fee Scale

If a party is represented by counsel, that party will be charged one-half the hourly rate charged by that parties’ counsel. Counsel shall provide the FENE evaluator with the accurate hourly rate within five days of the entry of the order. In the event that the party is represented by more than one attorney at a firm, the attorney’s shall provide the FENE evaluator with all of the attorney rates charged to the client, and the client shall be charged one-half of the average hourly rate. If a party is not represented by counsel, the party shall be charged based on a sliding fee scale
as follows:

The master training roster lists individuals who have completed SENE and FENE training. The listing of an individual on this roster indicates only that the person has completed an approved ENE training course. It does not reflect whether the individual meets any other minimum qualifications for providing SENE or FENE services. To determine whether someone has been selected to serve as an ENE neutral in a specific county, please contact the lead judge or contact person for the program or find the individual on the training roster and contact them directly to learn whether they are currently able to provide ENE services.